special youth recruitment programs, and the use of other recruitment measures which have produced or are expected to produce effective results.

(e) Certifications will be denied in whole or in part if the findings set forth in paragraph (d) of this section cannot be made or;

(1) Where the employer has been found to have failed without good cause to comply with employment contracts with United States or foreign agricultural or logging workers;

(2) Where the admission of the foreign workers would result in violation of policies of the U.S. Department of Labor governing the referral of workers to jobs involved in strikes or other labor disputes (see § 602.2(b));

(3) Where the employer has failed to comply with any applicable requirements of the foreign government whose nationals are involved; or has failed to abide by any applicable State or local labor, health or housing laws;

(4) Where, within the period commencing with the filing of the job offer in relation to this or any prior certification and extending so long as foreign workers are employed, the wages and working conditions provided to any foreign or U.S. workers similarly employed have been less favorable than those required to be offered to U.S. workers in accordance with §§ 602.10a and 602.10b;

(5) Where the Immigration and Naturalization Service has notified the Secretary of Labor that the employer has had in his employ any foreign worker who was not lawfully in the United States, unless the employer demonstrates that he did not know, had no reasonable grounds to suspect, or could not by reasonable inquiry have ascertained that the alien worker was not lawfully in the United States.

(f) In any case in which the Regional Manpower Administrator of the Manpower Administration determines after examination of all the pertinent facts that certification cannot appropriately be issued, he shall promptly so notify the employer or association requesting the certification. Such notification shall contain a statement of the reasons on which the refusal to issue a certification is based.

[32 F.R. 4570, Mar. 28, 1967, as amended at 35 F.R. 12394, Aug. 4, 1970]

§ 602.10a Job offers and contracts.

The offers to U.S. workers made in accordance with this section and § 602.10 (b) shall:

(a) Be in writing (except with regard to workers who commute on a daily basis between their residence and the place of employment) and when accepted shall take the form of a written contract. In lieu of providing individual contracts to workers housed in a labor camp, a master contract shall be posted in a conspicuous place readily accessible to the worker, and each worker shall be given a statement of the terms of employment and the period for which the threefourths guarantee specified in paragraph (h) of this section is applicable.

(b) Provide for housing for the employees without charge in accordance with the standards issued by the Secretary of Labor as set forth in § 602.9. If the prevailing practice in the area of employment is to provide family housing, such housing must be provided;

(c) Provide, at no cost to workers for insurance covering injury and disease arising out of and in the course of the workers' employment where such workers are not covered by workmen's compensation under State law. Such insurance shall provide for the payment of benefits not less than those specified in the table of benefits set forth below: TABLE OF BENEFITS

Death
Permanent and total disability-
Loss of-

Both hands_ Both feet.

$5,000

3,000

5,000

5,000

perform the duties assigned without cost to the worker;

(e) Permit only the following deductions from wages: (1) Those required by law; (2) those for advance against wages; (3) payment for articles of consumption produced by the employer which the worker has purchased; (4) value of meals supplied by the employer but not to exceed amounts specified in paragraph (f) of this section; (5) overpayment of wages; (6) any loss to the employer due to a worker's refusal or negligent failure to return any property furnished to him by the employer, or due to such worker's willful destruction of such property: (7) deductions for transportation and subsistence costs paid for by the employer as provided in paragraph (g) of this section. The deductions under subparagraph (3), (5), or (6) of this paragraph in each pay period shall not exceed 10 percent of the total wages earned in that pay period. The sum of deductions under subparagraphs (2) and (7) of this paragraph in each pay period shall not exceed 50 percent of the total wages earned in that pay period. At the termination of the work contract, however, or if the worker abandons his work contract, the employer may deduct from such worker's final wage payment any outstanding balance due the employer for deductions permitted by this provision;

(f) Permit no charge by the employer in excess of $2.55 per worker for furnishing 3 meals per day except where the Manpower Administrator, when evidence submitted to him of average actual cost for a representative pay pericd supports a greater charge, has approved a charge not to exceed $3.40 per worker for furnishing three meals per day. Evidence submitted to support meal charges of more than $2.55 per day should include the cost of goods and services directly related to the preparation and serving of meals. Cost of the following items may be included: food; kitchen supplies other than food, such as lunch bags and soap; labor costs which have a direct relation to food service operations, such as wages of cooks and restaurant supervisors; fuel, water, electricity, and other utilities used for the food service operations; other costs directly related to the food service operation. Receipts and other cost records for the representative pay period should be available for inspection for a period of 1 year;

(g) Require the employer to provide or pay for transportation and subsistence en route from the place of recruitment to the place of employment in those cases where the worker completes at least 50 percent of the contract. The amount paid per day for subsistence en route from the place of recruitment must be at least as much as the amount authorized to be charged each day for meals at the place of employment. An employer who has advanced payment to a worker for the costs of transportation and subsistence en route may deduct such costs from earnings of the worker until the worker has completed 50 percent of the contract period. However, upon completion of 50 percent of the contract period, the worker shall be entitled to reimbursement of the amounts so deducted. If the worker completes his contract, the employer will provide or pay the cost of return transportation and subsistence en route from the place of employment to the place of recruitment, except when the worker is not returning to the place of recruitment and has subsequent employment with an employer who will bear transportation expenses. All transportation provided by the employer will be by common carrier or other transportation facilities which conform to applicable regulations of the Interstate Commerce Commission. Transportation from the worker's on-the-job site living quarters to the place where the work is to be performed will be provided by the employer without cost to the worker. Hourly paid workers shall be paid no less than the adverse effect rate, as provided at § 602.10b (a) (1) or § 602.10b(c), for all time between arrival at the first work location of the day and departure from the last work location for that day;

(h) Guarantee each worker the opportunity for employment for at least three-fourths of the workdays of the total period during which the work contract and all extensions thereof are in effect, beginning with the first workday after the worker's arrival at the place of employment and ending on the termination date specified in the work contract, or its extensions, if any. For purposes of the work contract, a workday consists of 8 hours of any day except Sunday, New Year's Day, July 4, Labor Day, Thanksgiving, or Christmas. If the worker, during such period, is afforded less employment than required under this provision, the worker shall be paid

the amount which he would have earned had he, in fact, worked for the guaranteed number of days. Where wages are paid on a piece rate basis, the worker's average hourly earnings shall be used for the purpose of computing amounts due under this guarantee. In determining whether the guarantee of employment has been met, any hours which the worker fails to work during a workday when he is afforded the opportunity to do so by the employer, and all hours of work performed, shall be counted in calculating the days of employment required to meet this guarantee. If, before the expiration date specified in the work contract the services of the worker are no longer required for reasons beyond the control of the employer (due to an Act of God, such as frost, flood, drought, earthquake, hail, forest fire, or other natural calamity of such character as to make the fulfillment of the contract impossible), and this fact is determined by the Regional Manpower Administrator, the work contract may be terminated and efforts will be made to transfer the worker to other comparable employment. If such transfer is not effected, the worker shall be returned to the place of recruitment at the employer's expense. In either event deductions for transportation and subsistence en route from the place of recruitment to the place of employment made pursuant to paragraph (g) of this section shall be refunded. Whenever the contract is terminated under this provision, the employer shall be responsible for the threefourths guarantee for the period beginning with the first workday after the worker's arrival at the place of employment and ending with the date the work contract is terminated, and the employer shall pay the worker all other amounts due under the contract;

(i) Require the employer to keep accurate and adequate records in regard to all earning and hours of employment. Such records shall include information showing the nature of the work performed, the number of hours of work offered each day by the employer and worked each day by each worker, the rate of pay, the amount of work performed, the earning of each worker, and deductions made from each worker's wages. If the number of hours worked by a worker is less than the number offered, the records shall state the reason therefore. Such records shall be made

available at any reasonable time for inspection by representatives of the Secretary of Labor, and by workers or their representatives. Such records shall be retained for a period of not less than 3 years following the completion of the contract. With respect to each pay period, each worker shall be furnished at or before the time he is paid for such pay period in one or more written statements the following information: His total earnings for the pay period; his hourly rate or piece rate of pay; the hours offered him; the hours worked by him; an itemization of all deductions made from his wages; if piece rates are used, the units produced; and if his earnings were increased pursuant to paragraph (e) of § 602.10b, the amount of such increase and the average hourly earnings.

(j) Provide for the payment of not less than the wage rates prescribed in § 602.10b.

[32 F.R. 4570, Mar. 28, 1967, as amended at 35 F.R. 12394, Aug. 4, 1970]

§ 602.10b Wage rates.

(a) (1) Except as otherwise provided in this section the following hourly wage rates (which have been found to be the rates necessary to prevent adverse effect upon U.S. workers) shall be offered to agricultural workers in accordance with § 602.10a(j):

(2) Piece rates shall be designed to produce hourly earnings at least equivalent to the hourly rate specified in subparagraph (1) of this paragraph for the State in which the work is to be performed and no workers shall be paid less than the specified hourly rate.

(b) Where the prevailing rate for a crop activity in an area of employment is higher than the wage rate otherwise applicable under paragraph (a) (1) of this section, such higher prevailing rate shall be offered and paid.

(c) The minimum wage rates to be offered workers in the logging industry shall be the rates prevailing for logging activities or the rates determined by the Secretary of Labor to be necessary to prevent adverse effect upon U.S. logging workers, whichever is higher.

(d) Payment of wages shall be made in accordance with the prevailing practice in the area of employment, but in no event shall the worker be paid less frequently than biweekly.

(e) Upon application to, and approval by, the Secretary of Labor in each case, an agricultural employer may use piece rates which are designed to, and do, produce earnings by his employees engaged in the type of work covered by the job offer or contract, the average of which for the weekly or biweekly period is 25 percent higher than the hourly rates applicable under paragraph (a) of this section for agricultural workers. Should the average of the hourly earnings of such employees fall below this requirement, each worker's earnings for each payroll period within such weekly or biweekly period must be increased by the percentage needed to bring the total average to this requirement.

(f) Where both U.S. and foreign workers are engaged in the same tasks, wage rates that favor one such group and thereby discriminate against the other may not be paid.

(8 CFR 214.2 (h)) [32 F.R. 4571, Mar. 28, 1967, as amended at 33 F.R. 6290, Apr. 25, 1968; 35 F.R. 12394, Aug. 4, 1970]

§ 602.11 Services and facilities.

Each State agency shall provide, in an efficient and effective manner, the public employment services described in §§ 602.2 to 602.10, inclusive, through adequate local employment office facilities. Each State agency shall maintain local employment office facilities of such number, size, and location as may be necessary in view of the population distribution and the industrial and agricultural and related industry employment pattern of the State and of communities within the State.

[18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953]

(a) Official identification. The official name of the statewide system of public employment offices and the name on all official signs, stationery, and documents used in connection with the statewide system of public employment offices shall be".

State Employment Service". To associate the State Employment Service and its local offices with the nationwide public employment service system in each instance where this name appears on official signs, stationery, and documents, there shall also appear (in) appropriate size) the following symbol of identification:

PUBLIC EMPLOYMENT SERVICE

SERVICE FOR EVERYONE LOCAL STATE NATIONAL

(b) State director. Each state-wide system of public employment offices shall be under the supervision and direction of a State director (as defined in § 602.1 (d)), who shall devote his full time to employment service activities, except that such State director may also supervise and direct the following unemployment insurance activities: The taking of claims, the making of decisions thereon, and the payment of claims. He may also supervise such other activities as the Manpower Administrator finds, in the light of special circumstances, will not impede the proper and efficient administration of the employment service program.

(c) Local managers. Each local public employment office shall, with respect to all its employment service activities, be under the direction and supervision of a local office manager, who shall be responsible to the State director (as defined in § 602.1 (d)) for the proper and efficient administration of the employment service activities performed in such local office and who may, in addition, be responsible for other designated activities which are closely related to and will not impede the proper and efficient administration of, the employment service activities of a local employment office. These activities may include the supervision and direction of unemployment insurance activities relating to claims for benefits, such as the taking of claims, the making of decisions thereon, and the payment of claims, performed in such local offices.

(d) Maintenance of employment service activities in local offices. Under emergency circumstances, and giving due regard to the proper and efficient performance of employment service activities, personnel required for the performance of local office employment service functions may assist in the performance of unemployment insurance activities described in paragraphs (b) and (c) of this section for limited periods of time. Under emergency circumstances and for limited periods of time, the services of unemployment insurance personnel in local offices may be accepted to assist in the performance of local office employment service activities. Notwithstanding any of the provisions of this paragraph to the contrary, clerical services may be used interchangeably between the employment service and unemployment insurance activities.

(e) Staff training. Each State agency shall maintain an effective program for the development of its personnel through staff training. Such a program shall include provision for adequate and appropriate planning, exccution, evaluation, and control of staff training.

the

(f) Other forms of administrative organization or divisions of administrative responsibility. Notwithstanding other provisions of this part relating to forms of administrative organization and divisions of administrative responsibility, the Manpower Administrator may approve other forms of administrative organization and divisions of administrative responsibility, which he finds are reasonably calculated to carry out the purposes of the Wagner-Peyser Act and maintain the identity of the State-wide system of public employment offices as a part of the Nation-wide system of public employment offices.

[15 F.R. 5888, Aug. 31, 1950, as amended at 18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953; 25 F.R. 9046, Sept. 21, 1960. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.13 Arrangements between United States Training and Employment Service and related Federal agencies.

The Manpower Administrator is authorized to enter into appropriate arrangements with other Federal agencies for the coordination of activities and the exchange of services which relate to the purposes and program of the FederalState cooperative national sysem of public employment offices provided for in this chapter. Each State agency shall comply with and carry out such arrangements.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.14 Manual of instructions.

The Manpower Administrator shall provide the States with a comprehensive guide on all matters pertinent to the Federal-State cooperative program for the maintenance of a national system of public employment offices, to be included in the Employment Security Manual.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.15 Personnel administration.

Each State shall maintain, with respect to personnel employed ir. the State system of public employment offices, a merit system of personnel administration